Safety & Loss Prevention
Risk Management Policy and Procedure Manual
PART 4 Miscellaneous Liability Issues
Subject: State Claims Board
This paper should provide the campus risk manager and campus personnel with the necessary guidelines to access the State Claims Board for those claims that qualify for reimbursement.
The State Claims Board was created by the legislature and is outlined in Section 16.007 of the State Statutes as follow:
16.007 Claims board (1) Purpose. The claims board shall receive, investigate and make recommendations on all claims of $10 or more presented against the State which are referred to the board by the department. No claim or bill relating to such a claim shall be considered by the legislature until a recommendation thereon has been made by the claims board. Except as provided in s.901.05 the board shall not be bound by common law or statutory rules of evidence, but shall admit all testimony having reasonable probative value, excluding that which is immaterial, irrelevant or unduly repetitious. The board may take official notice of any generally recognized fact or established technical or scientific fact, but parties shall be notified either before or during hearing or by full reference in preliminary reports, or otherwise of the facts so noticed, and the parties shall be afforded an opportunity to contest the validity of the official notice.
(4) AGENCIES TO COOPERATE. The several agencies shall cooperate with the board and shall make their personnel and records available upon request when such request is not inconsistent with other statutes.
The State Claims Board also has it's own website for reference.
When a University employee or an outside party is denied reimbursement for loss through the State Self-Funded Property or Liability programs, the campus may recommend and advise a claimant of the option to present the claim before the State Claims Board using the attached forms. The claims board is not limited to payments based solely on a negligence basis and may pay on an equitable basis.
The claimant must file the attached claim form directly with the State Claims Board. If a claim is filed, System Risk Management receives a copy of the claim from the board along with a request for recommendation regarding payment. Typically, response to this request is provided through the cooperative efforts of System Risk Management, the campus risk manager, pertinent department personnel, and System Legal Counsel. Upon reaching an agreement with the campus, System Risk Management's recommendation is forwarded to System Legal Counsel where a formal recommendation is written.
16.007 (3) PROCEDURE. When a claim has been referred to the claims board, the board may upon its own motion and shall upon request of the claimant, schedule such claim for hearing, giving the claimant at least 10 days written notice of the date, time and place thereof. Those claims described under the settlement section shall not be heard or decided by the claims board. The board shall keep a record of its proceedings.
(5) FINDINGS. The board shall report its findings and recommendations, on all claims referred to it, to the legislature. Except as provided in the settlement section, if from its findings of fact the board concludes that any such claim is one on which the State is legally liable, or one which involves the casual negligence of any officer, agent, or employee of the State, or one which on equitable principles the State should in good conscience assume and pay, it shall cause a bill to be drafted covering its recommendation and shall report its findings and conclusions and submit the drafted bill to the joint committee on finance. If the claims board determines to pay or recommends that a claim be paid from a specific appropriation it shall include that determination in its conclusions. A copy of its findings and conclusions shall be submitted to the claimant within 20 days after the board makes its determination.
Claims which are justified for payment in the amount of not more than $4,000 may be ordered to be paid without submission of the claim in bill form to the legislature. Such amounts shall be paid on vouchers upon certification of the chairperson and secretary of the board and shall be charged from specified appropriations. Payment of the claim shall not be construed as relieving any 3rd party liability or releasing any joint tort-feasor.
Claims requiring legislative action shall be made in the above manner and shall be filed in the office of the secretary. The secretary shall examine the claim, ascertain whether ordered by competent authority and, if properly made, designate the fund to which it is chargeable. The secretary shall as soon as practical refer the claim to the claim board for its finds of fact, its conclusions and its report thereon to the legislature for action. Whenever a bill authorizing the release of moneys or appropriating money for payment of a claim becomes a law, the secretary, before drawing a warrant therefore on the treasurer, shall see that the proper account on which the release of moneys or the appropriation is based is filed in the secretary's office.
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